S 326 — American Music Fairness Act

Summary

American Music Fairness Act This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to get a license to publicly perform a copyright-protected sound recording.) Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings. Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings.

Bill Text

• Introduced Introduced in Senate Current html January 30, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends copyright law to establish equitable treatment for terrestrial broadcasts and internet services regarding sound recordings.

• 17 U.S.C. § 106

  in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. → in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.

  This change broadens the performance rights for sound recordings to include all audio transmissions, not just digital.

• 17 U.S.C. § 114(d)(1)

  a digital → an

  This change updates the language to standardize the term 'audio transmission' across various contexts.

• 17 U.S.C. § 114(d)(1)

  subparagraph (A)

  This change removes the existing subparagraph (A), which previously defined certain exclusions related to digital transmissions.

• 17 U.S.C. § 114(d)(1)

  nonsubscription → licensed nonsubscription

  This change specifies that the performance rights apply to 'licensed nonsubscription' transmissions.

• 17 U.S.C. § 101

  An `audio transmission' is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work.

  This adds a definition for 'audio transmission', clarifying its scope and excluding audiovisual works.

• 17 U.S.C. § 112(e)(8)

  a digital audio transmission → an audio transmission

  This change standardizes the reference to audio transmissions similar to other amendments.

• 17 U.S.C. § 114

  subscription digital → subscription

  This streamlines the language used about subscription transmissions for clarity.

• 17 U.S.C. § 114(g)

  Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.

  This new provision details the distribution of royalties for licensed transmissions, ensuring equitable payments to artists.

• 17 U.S.C. § 118

  section 397 of title 47 → section 397 of the Communications Act of 1934 (47 U.S.C. 397)

  This change clarifies the reference to ensure it is accurate under the complete title of the statute.

Action History

1. January 30, 2025

   Introduced in Senate

2. January 30, 2025

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Marsha Blackburn · Primary
• Alex Padilla · Cosponsor
• Thomas Tillis · Cosponsor
• Cory A. Booker · Cosponsor
• Bill Hagerty · Cosponsor
• Adam B. Schiff · Cosponsor

Subjects